OVG Berlin-Brandenburg on closures for road construction work: Injunctive relief is denied although massive loss of turnover of a commercial enterprise was claimed.
When road construction work becomes a matter of survival - what tradespeople need to know legally
Spam can be expensive
Even among business people, unsolicited e-mail advertising can be very annoying. In this case, a car repair shop was able to successfully defend itself against the unwanted sending of spam emails.
Scope of a cease-and-desist declaration
If the recipient of a warning letter submits a cease-and-desist declaration with a penalty clause, the risk of repetition resulting from the infringement is regularly eliminated. But can the warned party limit the cease-and-desist declaration to advertising on the internet or is this not sufficient? The Frankfurt am Main Higher Regional Court provides an answer to this question.
Violation of personality rights after the fact?
Can a press article that was originally lawfully posted on the internet lead to a violation of the general personal rights of the person concerned after a general public interest in the reported events has lapsed? The Higher Regional Court of Hamburg had to deal with such a claim for injunctive relief.
Asterisk unfair?
In advertising with price discounts, special offers and vouchers, asterisk references can refer to the conditions that usually restrict the offer. The Freiburg Regional Court had to decide on the anti-competitive nature of an advertisement in which an asterisk reference was made, but the consumer first had to search for the corresponding footnote.
EUR 15,000 value in dispute for copyright infringement of photos?
Is an amount in dispute of EUR 15,000 for a claim for injunctive relief against the unauthorized use of three photographs on a commercial website objectionable? The Munich Higher Regional Court had to decide this question in the context of an appeal on the value in dispute.
Misleading free offer on the Internet
Internet providers are not permitted to advertise with a free registration if the promised service is ultimately only offered for a fee. This was decided by the Regional Court of Cologne.
Competitor: yes, but when?
The prerequisite for a competitor's claim for injunctive relief based on the risk of repetition under competition law is a concrete competitive relationship between the parties involved. But at what point in time must this specific competitive relationship exist? The Higher Regional Court of Frankfurt am Main has commented on this.
Chocolate cookie presentation at trade fair
The Federal Court of Justice had to decide whether the mere presentation of a cookie product at an international confectionery trade fair that was objected to as an imitation meant that the product was also offered to domestic consumers in the same presentation.
"German branded condoms" from abroad?
Advertising for condoms with the statements "made in Germany", "German branded goods" or "German branded condoms" is misleading according to the latest case law of the Hamm Higher Regional Court if the essential manufacturing steps for the production of the condoms took place abroad.
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